Legal Opinion

Carolyn Moya v. Healthport Technologies, LLC

Wisconsin Supreme Court

Decided May 4, 2017No. 2014AP002236Published

1Dissent 1

¶ 40.

2Dissent · ZieglerAnnette Kingsland Ziegler, J.

The question before this court is whether a personal injury attorney who obtains his or her client's written consent to receive copies of the client's health care records is a "person authorized by the patient" under Wis. Stat. § 146.83(3f)(b), such that the attorney need not pay certification and retrieval fees when requesting copies of the records from a health care provider. The circuit court concluded that such an attorney is exempt from the fees as a "person authorized by the patient." The court of appeals in examining the same statutory language answered this question in the…

3Cases cited14 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. State Ex Rel. Kalal v. Circuit Court for Dane CountyWisconsin Supreme Court · 2004
  3. United States v. Tohono O’odham NationSupreme Court of the United States · 2011
  4. Wisconsin Citizens Concerned for Cranes & Doves v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 2004
  5. Bank One Chicago, N. A. v. Midwest Bank & Trust Co.Supreme Court of the United States · 1996

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